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2025 DAILYLAW 28654 (AP)

Santhi Chelli v. The State of Andhra Pradesh

CRLP/8221/2025 · 2025-08-06

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010408222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 7i THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8221 OF 2025 Between: Santhi Chelli, W/o Madhu Babu Chelli, resident of door no. 58-17-30, Sanjeevayya Nagar, OPP NSTL GATE, Santhi Nagar, Visakhapatnam. Aadhar no.2489 2023 4478. ...Petitioner / Accused No.4 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicatureof Andhra Pradesh, At Amaravati. ...Respondent Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to modify condition no.3 in Crl.M.P.2412 of 2025 in CC.498 of 2025 on the file of the Ld. I AddI Chief Judicial Magistrate at Visakhapatnam by modifying the phrase “another must be her family member name” and permit the petitioner to and must have properties in her/his produce one surety who is a government employee and another surety who is a family member with a Fixed Deposit Receipt (FDR) bond for Rs.50,000/-. > f Counsel for the Petitioner: SRI. GINJALA VIJAYA KUMAR Counsel for the Respondent PUBLIC PROSECUTOR The Court made the following order: <L- 1 f APHC010408222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8221/2025 Between: 1.SANTHI CHELLI, W/0 MADHU BABU CHELLI, RESIDENT OF DOOR NO. 58-17-30, SANJEEVAYYA NAGAR, OPP NSTL GATE, SANTHI NAGAR, VISAKHAPATNAM. AADHAR N0.2489 2023 4478. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh, At Amaravati. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to modify condition no.3 in Crl.M.R2412 of 2025 in CC.498 of 2025 on the file of the Ld. I AddI Chief Judicial Magistrate at Visakhapatnam by modifying the phrase another must be her family member and must have properties in her/his name and permit the petitioner to produce one surety who is a government employee and another surety who is a family member with a Fixed Deposit Receipt (FDR) bond for Rs.50,000/-, and pass such lANO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased may be pleased to dispense with filing of the 2 original order copy in Crl.M.P.2412 of 2025 in CC.498 of 2025 on the file of the I AddI Chief Judicial Magistrate at Visakhapatnam and to pass such Counsel for the Petitioner/accused: 1. GINJALA VIJAYA KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR -4_. 3 f THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8221/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS, has been filed by the Petitioner/Accused No.4, seeking modification of condition No.3 imposed on the petitioner to travel abroad vide order dated 14.07.2025 in Crl.M.P.No.2412 of 2025 in C.C.498 of 2025 on the file of I Additional Chief Judicial Magistrate at Visakhapatnam. 2. Heard Sri G.Vijaya Kumar, learned counsel for the petitioner/acc used No.4 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that while allowing the petition filed by the petitioner who is accused No.4 in Crl.M.P.No.2412 of 2025 in C.C.498 of 2025 on the file of I Additional Chief Judicial Magistrate at Visakhapatnam, the Trial Court imposed five (5) conditions on permitting the petitioner to leave India, after her first appearance before the Court on 14.08.2025 for a period of three (3) months. Learned counsel for the petitioner would further submit that the condition No.3 would show that she has to produce two sureties for Rs.50,000/- like sum each, one must be Government Employee and another must be her family member. Learned counsel for the petitioner would further submit that they can obey regarding the Government 4 Employee but there is no family member having properties in their name and that condition may be relaxed. i 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions, the condition regarding the sureties at point No.3, requiring the sureties to be family members possessingimmovable properties, is hereby relaxed, in its place, the petitioner is permitted to furnish any other sureties instead of family members. 6. In that view, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SEC OFFICER To, 1. The I Additional Chief Judicial magistrate at Visakhapatnam. 2. The Ministry of external Affairs, Regional Passport Office, Visakhapatnam. 3. One CC to Sri. Ginjala Vijaya Kumar, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. Two CD Copies PR vna ■ -A HIGH COURT DATED;07/08/2025 ORDER CRLP NO. 8221 OF 2025 DISPOSING OF THE CRLP